BNS - Bharatiya Nyaya Sanhita, 2023

Section 44 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Right of private
defence against
deadly assault
when there is
risk of harm to
innocent person

  1. If in the exercise of the right of private defence against an assault which reasonably
    causes the apprehension of death, the defender be so situated that he cannot effectually
    exercise that right without risk of harm to an innocent person, his right of private defence
    extends to the running of that risk.
    Illustration.
    A is attacked by a mob who attempt to murder him. He cannot effectually exercise his
    right of private defence without firing on the mob, and he cannot fire without risk of harming
    young children who are mingled with the mob. A commits no offence if by so firing he harms
    any of the children.

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